2011년 NY 노동법 강화내용 (중요)
NY주 노동법이 2011년 4월 9일자로 다음과 같이 강화되었습니다.
Wage Theft Prevention Act
* 고용주가 최저임금과 시간외 수당등을 지급 안 했을 경우, 종업원은 지급 금액의 2배를
고용 주로 받을수 있음 (개정 전까지는 1.25배)
* 고용주가 종업원에게 고용 개시 10일 이내 시간당 급여율을 공시 안했을 경우 매주
$50 씩 최대 $2500까지 종업원은 받을수 있음 (법적경비도 고용주 부담)
* 고용주가 종업원에게 급여 명세서 (Pay Stub)를 제공 안했을 경우도 매주 $100씩 최대
$2,500까지 종업원은 받을수 있음
* 종업원은 피해 발생일부터 6년이내 소송을 제기하거나 노동청에 신고를 할수 있음
이상은 NY에서 사업을 하는 고용주에게 더 큰 부담이 되기때문에 이 내용을
고객 Client에게 알려주셔서 피해를 막는것이 좋을것입니다.
자세한 사항은 아래의 Link를 참조하시기 바랍니다.
Section 198 of New York’s Labor Law (NYLL) as of April 9, 2011 requires that aggrieved employees receive:
1) Full amount of wage underpayments (minimum wage, overtime and wage supplements e.g. benefits if applicable) plus liquidated damages of 100% of the total amount of wages found to be due.
2) If an employee has not received a NOTICE of wages (e.g. wage and overtime rate) within 10 business days of employee’s first day of employment, employee is owed $50 (fifty dollars) for each work week that the notice is not provided plus court costs and attorney’s fees if employee had to sue employer for this notice. The maximum is $2,500
3) If the employee is not provided with a weekly wage statement (pay stub), the employee is owed $100 for every week employee is not provided with such statement plus court costs and attorney’s fees. Maximum is $2,500
All of these issues were covered by our seminar in November 2010. The law now put some “teeth” into its “bark.” The law now requires liquidated damages be paid to employees. Under the old law, effective until April 9, 2011, it was discretionary at 25% of wages owed, not 100% of total wages owed as it will be effective April 9, 2011.
Also, the Commissioner of Labor can enforce this in court or administratively. The implications are that NY DOL will now enforce the wage statement and notice requirements and have no flexibility with liquidated damage payments. And of course employees are always free to sue the employer in court whenever they wish. They do not have to go to the DOL or wait for them to finish their investigation of the employer. Business owners face stiffer mandatory penalties now.
Section 198-a Criminal Penalties. This penalty was always on the books explicity for Corporations that knowingly failed to provide proper wage and overtime payments to its employees. However the new law effective 4-9-2011 may enforce criminal penalties against any officers and agents of partnerships and limited liability companies in addition to corporations. So in a nutshell, a criminal violation will impose a misdemeanor offense with $500-$20,000 fine and/or prison up to one year. If the person violates the law again within 6 years of the prior offense, it is a felony with a fine of $500-$20,000 and/or prison for one year and one day for each offense (knowingly failing to pay wages).
Recovery period – employees can retrieve up to six years of back pay. And the statute of limitations is now tolled from the day the employee files a complaint with DOL or a Court (state or federal) which means that they will recover back pay from that filing date, not a later date such as when a proceeding or investigation ends that could cause them to lose a year of recovery. (If you need further clarification on this tolling period, please contact me.)